Escondido: Maher pact confidential

Escondido city officials have rejected a public records request from the American Civil Liberties Union seeking details on the city’s severance agreement with former Police Chief Jim Maher.

City officials have repeatedly declined to reveal the circumstances that prompted Maher’s mysterious retirement last year.

In a letter received by the ACLU on Monday, the city said any severance agreement with Maher is exempt from disclosure because it’s a peace officer record.

The city cited the same reason in denying a public records request filed last year by U-T San Diego seeking the details of any settlement with Maher.

In the ACLU request, David Loy, legislative director for the local ACLU chapter, said “the public has a strong interest in disclosure of the agreement” because it could stymie Maher’s plans to run for Escondido mayor or City Council.

Escondido Mayor Sam Abed confirmed to UT-San Diego last month that Maher signed a severance agreement that essentially precludes him from running for office in Escondido.

The ACLU’s request to the city argued that peace officer records are only exempt when revealing them would be an unwarranted invasion of personal privacy. The ACLU said that would include medical records, performance appraisals, complaints and investigations — but not a severance agreement.

The city’s response doesn’t address the ACLU’s distinction. It simply declares that any documents relating to Maher’s departure “are confidential peace officer personnel records and are exempt from disclosure.”

Loy said Tuesday he was “thinking very hard about litigation” against the city. “I think I made a very good case that the public has a right to see this document — at least in part,” Loy said.